Re-employment obligation for injured worker doesn’t preclude dismissal

Employer avoids penalty for dismissal related to worker’s compensable injury

A recent case heard by the Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT) has settled the divergent law regarding whether and when a penalty should be levied against employers for failing to comply with their re-employment obligation with respect to injured workers, and confirmed that employers and workers may, in certain circumstances, agree to settle issues related to a workers’ compensation claim without need for a full hearing.

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